For the Heinzist Tribal Micronation
This is our Official Tribal Constitution
(Note signatures not included)
Signed November 24th, 2005
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"We the People of the Heinzist tribe decide to found a nation upon the
Heinzist Principles, dedicated to help Heinzists and non-Heinzists
alike to form a more perfect union to bring people of many cultures
and backrounds together, to foster a spiritual tribe of caring
loving people, who vow to help eachother out and to do what they can
to bring about positive change to every community they can reach. We
form our nation to learn to live in non-violant ways, and to offer
help and refuge to others, and put an end to hate and discrimination
by reaching out in loving and caring ways honoring unity in
diversity, establish the Heinzist Tribe to be wherever it's citzens may
abide."
Our Constitution
Chapter I State Definition
Article 1 Heinzist tribal's State People (Citizenship, Language)
(1) Citizens of the Heinzist Tribe are all people who are children of a citizen
of the tribe, who are born into a Family of the tribe, or who are naturalized by
being adopted in by a tribal consensus, or the acceptance of the tribal founder.
(2) The official language in the State is the English Language, Tribal codes, and any other
language of the citizens.
Article 2 Heinzist Tribe's State Form
(1) The Heinzist Tribe is a Spiritually Eclectic, a sovereign family, ran by
consensus, and rule of the founder. All entities of the Heinzist Tribe must
yield to these principles.
(2) This Constitution, Heinzist Way, and Heinzist Principles, are the supreme
laws of the land; it is directly binding on all Heinzist tribal authority. The
general rules of public international law constitute an integral, inviolable
part of the national law.
Article 3 State Symbols, Capital
(1) The State has the National Colors of Red, White, Black, Blue, and Sunset
Gold, the State Flag, and seal is our Heinzist Symbol, and we do not have a coat
of arms (pending creation), The Heinzist Sunrise/Sunset Healing Prayer is our
the National Anthem.
(2) The State Motto is "Alleh Ace Uno - All is One"
(3) The capital of Heinzist Tribe is the location of where our tribal founder
resides.
Chapter II State Objectives
Article 4 General Constitutional Objectives
(1) The Heinzist Tribe promotes Remaining True to Spirit, Others, and yourself
through the actions of Loving One Another, Being Respectful to all things and
beings, living by the golden rule, conducting right behavior, and promoting
tolerance, and unity by agreeing to disagree with other members, and Nations.
(2) We also encourage justice and universal protection of human rights as
individual rights. The State encourages fraternity among its citizens by
establishing solidarity, general welfare, and national unity.
(3) The Heinzist Tribe acknowledges the right of the People to national autonomy
and self-determination, and the right of minorities to group autonomy.
(4) The Heinzist Tribe promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical objects;
(f) environmental protection, intergenerational equity, and the protection of
nature for its intrinsic value including the protection of nature's right;
(g) natural, paranormal, spiritual, and social sciences.
Article 5 Heinzist Tribe State Security
(1) The Heinzist Tribe promotes worldwide peace. Acts undertaken to prepare war
or to otherwise disturb the peaceful relations between nations are
unconstitutional.
(2) The Heinzist Tribe takes adequate measures to preserve its integrity even in
the state of war or civil war.
(3) The Heinzist Tribe protects the People against terrorism, extremism,
discrimination, and catastrophes.
Chapter III State Organization
Part I General Organization
Article 6 Heinzist tribal Elections
(1) Absent of special provisions, elections are universal, direct, free, equal,
and can be secret, or private.
(2) Elections are always free and equal.
(3) Elections are can be secret or public if a person eligible who proposed the
vote or be elected so demands.
(4) Elected representatives and Family representatives are only bound by their
conscience. They are servants of all, not only of their constituents.
(5) Elections will always be held by consensus, and proposals of the Board of
Directors (Each Family leader)
Article 7 Organizational Principles
Note: Not sure if (1) is going to be official as we will be running everything
on consensus.. Some consensus will only effect a Family level, others effect the
National Family which will make decisions for the whole tribe..
We are still in the process of forming our tribal government.
(1) The Heinzist Tribe separates executive, legislative, and adjudicative
powers. Offices in different powers are incompatible with each other (horizontal
incompatibility). Offices in national entities are incompatible with any public
office on a lower level (vertical incompatibility) and with any other salaried
office, private or public (economic incompatibility). Political offices are
incompatible with active duty in the armed forces (military incompatibility).
(2) The State acknowledges national family, Family, and local autonomy.
(3) Autonomy is bound to the principle of democratic organization.
Article 8 Decentralization, Mutual Assistance
(1) Heinzist Tribe's powers belong to the Families if not assigned to the
national entities by this Constitution.
(2) The Families are bound to convey powers to the Communes if adequate use of
those powers is possible on the local level (self- government).
(3) All powers of the Heinzist Tribe have to render each other legal and
administrative assistance.
Article 9 Family Council
(1) The Families are represented in the Family Council.
(2) The Family Council consists of the appropriate number of representatives for
each Family. Each Family is represented in proportion to its share of citizens
eligible to vote; at least by 1 representative for every 12 Family members.
(3) Members of the Family Council serve for a term of 1 years; they may be
re-elected unlimited times.
(4) Every 1 years, the Families will revote on their Family representative, to
serve on the Family council.
Article 10 Heinzist Tribe's National Powers
(1)Heinzist Tribe powers belong to the national entities for the following
subject matters:
(a) Family defense,
(b) foreign relations,
(c) economic regulations,
(d) infrastructure and traffic,
(e) taxation,
(f) solidarity systems,
(g) private, criminal, and procedural law,
(h) educational and other standards,
(i) and all other subject matters which by their very nature or as a corollary
to the subjects listed have to be centralized on the national level.
(2) The Heinzist Tribe may give up sovereign powers, to host Countries, to
international or supranational bodies, including systems of mutual collective
security and trade organizations, as long as it retains an adequate
representation in those bodies and those bodies guarantee sufficient legal
protection for the Citizens
Note: Most of what is done in the Heinzist Tribe if any criminal activiites have
been committed breaking the laws of the host countries of where the Heinzist
tribal citizen currently resides, or located at the moment of committing the
crime.. they will be dealt with in the Host countries legal system, if they just
broke a tribal law here it will be deal with on the National Family Council, or
possibly a Peace Keeping Rail Council. Our Peace Keeping Rails are our law
enforcement.
Part II Representation of the State
Article 11 Head of Heinzist Tribe State
(1) The Chair (President) is the head of tribe. He or she has the right of
pardon, to conduct foreign affairs, and to all other representative functions of
the Tribe.
(2) The Vice - Chair (President) and Vice - Chair (Vice-President) are elected
by the Family Council with precedence over all proposals.
(3) Every resident citizen with the right to vote who has attained the age of 18
is eligible for the office of Chair (President) or Vice - Chair
(Vice-President.)
(4) Before taking office, Chair (President) and Vice - Chair, Family Leaders
take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I
will faithfully execute this office, honoring and protecting the Constitution of
the Tribe, and of preserving and encouraging the Heinzist Culture.."
(5) The Chair (President) shall not be held accountable for actions performed in
the exercise of his office except in the case of high treason, may be indicted
only by the Family Council, and shall be tried only by the Family Council.
(6) The Tribal founder has the right to overide all the descisions of the Chair,
Vice Chair, or Tribal members, if they feel it is in the best interested of the
tribe.
Part III Executive Power
Article 12 National Government, Chair (President)
(1) The executive power of the Heinzist Tribe is vested in the Family council.
It includes diplomatic affairs.
(2) The Chair (President) is the head of the Family council. The
Chair(President) allows each Family to choose via consensus, who serves as
members of the Family council.
(3) The Chair (President) may fill in as the Commander in Chief of The Peace
Keeping Rails.( http://groups.yahoo.com/group/pkrg/ )
(4) The Tribal founder may step in at any time and take over the positions of
Tribal Chair)
Article 13 Impeachment
An impeachment of the Chair (President) by the Family Council, or Tribal
founder, takes the form of a new Chair (presidential) election.
Article 14 Family Equalization of Finances
The State provides for an overall equalization of finances, giving due
consideration to the families' repective debts, burdens, economic power, and
infrastructural responsibilities.
Part IV Legislative Power
Article 15 National Family Council (Parliament)
(1) The legislative power is vested in the National Family Council.
(2) The National Family Council consists of Family council representative
members. Members of the National Family are residents publicly elected by the
all citizens. Each Family council elects among its residents in proportion elect
1 Family Leader for every 12 Family citizens eligible to vote. Their office ends
after a one-year term or when they lose their electoral rights.
(3) Everyone eligible to vote has recourse to the Family Council for scrutiny of
the elections.
(4) The national Family council draws up its own rules of procedures and elects
a Family Leader Leaders and to serve as Board of Directors.
(5) Decisions of the National Family require a majority of the votes cast
(simple majority) unless this Constitution provides otherwise.
(6) Tribal Founder overseas all of the above, and may step into halt a
candidates ability to run, for the safety of the tribe.
Article 16 Rights of Members of National Family Council
(1) Members of National Family Council are only bound by their conscience.
(2) Members of National Family Council may not be subjected to court proceedings
or disciplinary action for a vote cast or a statement made by them in the
National Family Council or in any of its committees (Indemnity).
(3) Members of National Family Council may not be called to account or be
arrested except by permission of the National Family Council (Immunity).
(4) Members of National Family Council are entitled to adequate remuneration
ensuring their independence. The remuneration may not
be altered for the present term.
Article 17 Lawmaking Process
(1) Bills can be introduced only by the National Family Council or by Family
leaders (Public Initiative). Bills can specify the additional requirement of a
public referendum after they have been voted upon.
(2) The Family Council has to be informed immediately of any bill introduced.
Members of the Family Council have the right to be heard during sessions
according to the same rules as govern the participation of National Family
Council.
(3) Laws altering this Constitution require two thirds of the votes cast
(qualified majority), at least the votes of a majority of the National Family
Council (absolute majority). All laws are void if they are unconstitutional.
(4) Laws have to specify their effective date. They are countersigned without
scrutiny by the National Family Council, Chair and promulgated in the Official
National Publication.
(5) Bills can be submitted to a referendum if provided by National Family
Council decision or as part of the initiative.
Article 18 Budget?
(1) The bill for the yearly budget law is introduced by the Chair/President.
(2) Budget laws are not subjected to referendums.
Article 19 Treaties
(1) The Chair(president) signs treaties with other states.
(2) The members within the power of the National Family Council includes the
power to ratify treaties with other states.
(3) Treaties not ratified within six months have to be revisited and confirmed
by the President.
Article 20 National Ordinances
(1) Laws may empower National Ministers to adopt National Ordinances regarding a
specified subject matter.
(2) National Ordinances do not require ratification by National Family Council.
Article 21 State of Emergency
(1) In cases of grave and immediate threat to the existence of the State, the
Chair (President) may take necessary measures of defense.
(2) All emergency measures must be confirmed or revoked by the National Family
Council at the earliest time possible. The Chair (President) is bound by the
National Family Councils' decisions.
Article 22 Ombudsman
The National Family Council Ombudsman safeguards fundamental rights and
liberties and controls the compliance of all state powers with the provisions of
this Constitution.
Part V Adjudicative Power
Article 23 Independent Courts
(1) The adjudicative power is vested in independent courts.
(2) Judges are citizens elected by National Family Council. They are
independent. Their office ends at time of retirement or when they lose their
electoral rights.
Article 24 Supreme Court Council
(1) The Supreme Court Council decides issues involving this Constitution. In
particular, the Supreme Court council has jurisdiction over:
a) disputes between Family entities concerning their respective rights and
duties under this Constitution;
b) challenges of a national or Family entity, a Court in the course of its
determination, or a third of the Members of National Family Council against the
constitutionality of a law;
c) claims of individuals regarding violations of their constitutional rights;
d) popular complaints about the violation of fundamental rights;
e) challenges of an act of a state power by the Ombudsman;
f) cases on appeal from National Courts as the Supreme Court deems necessary to
review;
g) all other cases assigned to its jurisdiction by law.
(2) Decisions of the supreme court are directly binding for all entities of the
Family.
(3) The office of Supreme Court Justices does not exceed a period of 15 years.
Article 25 National Courts
(1) National courts have supreme jurisdiction over review and other matters
assigned to it by law.
(2) Separate national courts shall be established for private law, penal law,
and general public law.
(3) The supreme court decides by extraordinary review in cases of inconsistent
application of the law by different national courts.
Chapter IV Fundamental Rights
Part I General Provisions
Article 26 Human Rights
(1) The State acknowledges liberty and equality of all humans.
(2) Human dignity, for every citizen, must be respected in any case.
(3) Everyone is free to do or not to do whatever he or she chooses. Everyone is
responsible for acts freely chosen.
(4) Slavery is abolished.
(5) Every citizen has a right to be free of ALL negative discrimination.
Article 27 Applicability
(1) Fundamental rights apply to natural persons, domestic and foreign, who are
assigned these rights. They apply to legal persons, domestic and foreign, where,
and to the extent that, the nature of the rights permits.
(2) Fundamental rights are inviolable and inalienable. They include the freedom
not to make use of them (negative freedom). Their exercise may, in single
instances, be waved by free and responsible declaration of the right holder, but
such declaration is never binding for future instances.
Part II Liberties and Property
Section I Integrity
Article 28 Personal Integrity
(1) Everyone has the right to life and bodily integrity.
(2) Everyone has the right to remain free (personal freedom).
(3) All citizens are free to reside anywhere in, move throughout, enter, and
leave the Territory.
(4) Capital and corporal punishment are abolished.
(5) Torture is prohibited.
(6) Every citizen has a right to decide if they will remain within a Family, or
break off and start their own Family, join another family, or remain
independant.
Article 29 Property Integrity and Related Rights
(1) Everyone has the right to acquire, own, possess, exclusively use, and convey
private property.
(2) Property may not be taken.
Article 30 Right to Testify and Inherit Everyone has the right to testify and
inherit.
Section II Religious Freedom
Article 31 Freedom of Religion and Belief
(1) Everyone has the right to choose and practice his or her religion, creed,
conscience, faith, confession, and belief.
(2) Everyone can refuse to give religious instructions.
(3) Everyone can, on the basis of conscience, refuse to serve in Peace Keeping
Rails.
(4) Everyone regardless of what is stated in number (2) will be required to
follow Heinzist values, and principles, to the best of their abilitiy..
Section III Freedom of Communication
Article 32 Freedom of Expression and Information
(1) Everyone has the right to freely express and disseminate his or her
opinions.
(2) The Freedom of the press and other media is guaranteed.
(3) Everyone has the right to freely retrieve information from publicly
available sources.
(4) Censorship is abolished.
Article 33 Right to Assemble and Associate
(1) Everyone has the right to peacefully assemble.
(2) Everyone has the right to associate with others. This includes association
in political parties.
(3) Every adult has the right to an Affirmation of love ceremonies and Marriage equality.
Article 34 Right to Privacy
(1) Everyone has the right to privacy.
(2) The home is inviolable.
(3) The privacy of letters as well as the secrecy of mail and telecommunication
are, and other forms of communication are inviolable.
Section IV Freedom of Profession and Activities
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Article 35 Freedom of Profession
(1) All citizens have the right to freely choose their occupation, their place
of work, and their place of study or training.
(2) There is no duty to work. Forced labor is prohibited, however contribution
and hard work will always be encouraged.
(3) If a citizen wants something they must work for it, or make a fair trade,
unless it is freely given.
Article 36 Freedom of Research, Science, and Teaching
(1) Everyone has the right to research and conduct science.
(2) Everyone has the right to perform arts.
(3) Everyone has the right to teach and to found private schools.
(4) Everyone has the right to lead and teach about their religion, or spiritual
tradition.
(5) Everyone has a right to learn by independant study.
Section V Political Rights
Article 37 Electoral Rights
(1) All resident adults have the equal right to vote and to be elected. In
national Family elections, only citizens have this right.
(2) There is no compulsory voting.
(3) Anyone who has attained the age of eighteen years is an adult.
Article 38 Right to Petition
(1)Everyone has the right to address written petitions to the competent
agencies, to governments, and to National Family Council, and the Family
Councils.
Article 39 Freedom of Citizenship
(1) Citizens can at any time give up their citizenship.
(2) Citizens may at no time be forced to give up their citizenship, unless the
tribe, or the tribal founder, has elected to vote to revoke their citizenship
due to threatening, abusive, or bad behavior.
(3) Citizens maybe voted out of individual Families.
(4) Citizens may or may not participate in a Family. All non Family members are
automatically put into the Family of the Heinzist tribe's current chair, or
tribal founder, in some cases a family maybe assigned by the Chair, or founder.
Article 40 Right to Self-Determination and Resistance
(1) Everyone has the right to collective self-determination including the right
to decide about membership in Family or local entities. The State guarantees
these rights through adequate powers of decentralized Family, National Family
Council, and local governments. However, if a member does not choose a family,
one will be assigned to them by the Chair, or the Tribal Founder.
(2) All citizens have the right to civil disobedience and resistance against
attempts to abolish this constitutional order, should no other remedy be
available.
Article 41 Right to Found Political Parties
(1) Everyone has the right to found political parties respecting the principles
of secularity, sovereignty, and democracy.
(2) Everyone is free to carry on political activities in or with such parties.
Section VI Other Liberties
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Article 42 Freedom of Procreation and Childrearing
(1) Everyone has the right to procreation.
(2) Parents have the right to bringing up and educating their children. They
have the right to decide about their children's participation in religious
instructions.
(3) The mother has the right to freedom of choice over her reproductive rights
a. A right to have an abortion
b. A right to Not have an abortion
c. Right to free choice of birth control
Part III Equality
Article 43 Equality
(1) All humans are equal before the law (general equality).
(2) Matrimonial equality and legitimacy equality are guaranteed.
(3) All citizens are equally eligible for public office according to their
professional aptitude.
Article 44 Prohibition of Discrimination and Privileges
(1)No person may be discriminated against or privileged on the basis of sex,
origin, race, gender, language, parentage, clan, gang, band, society, lodge,
division, family, intellect, religions, species, origins, disabilities, or
sexual orientation.
(2) Measures for the advancement of persons are admissible to remedy past
discrimination (affirmative action).
Article 45 Abolishment of Nobility
(1) No title of nobility is granted by the State. Titles of nobility are no
longer part of the family name. Each individual Family, may however use titles,
within their Family.
(2) The Tribe may give titles of honors or rewards to people who have worked
hard to deserve such, but only for the purpose of honoring or rewarding.
Part IV Right to Protection
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Article 46 Special Protection
(1) Protection of human dignity is a duty of the State.
(2) The institution of marriage has the special protection of the State.
(3) Families, mothers, and minors have the special protection of the State.
(4) Everyone persecuted on political grounds has the right to asylum.
Part V Welfare Rights
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Article 47 Special Support
(1) Everyone has the right to livelihood, health care, shelter, and education.
(2) Both legal parents, have the special support of the State.
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(DNatureofDTrain (2) possibly more added here or some deleted or changed. If the
child is old enough to choose.. let them chose who to live with..
Part VI Procedural Rights
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Article 48 Access to courts
(1) Everyone has free recourse to the courts.
(2) Everyone has the right to a constitutional judge. Extraordinary courts are
not allowed.
(3) Persons and groups have recourse to the court acting for other right holders
not being in a position to seek relief in their own name (third party standing).
Article 49 Fair Trial
(1) Everyone has the right to a fair trial. Evidence obtained illegally is
inadmissible. Everyone has the right of access to all Family information
required for the exercise or protection of any of his or her rights (file
access).
(2) Everyone has the right to trial by Family Council, or National Family
Council.
(3) No one may be deprived of life, liberty, or property without due process of
law.
(4) No law shall be passed stipulating regulations of the past without due
compensation for all losses (ex post facto law).
Article 50 Criminal Justice
(1) No act may be punished unless it constituted a criminal offence under the
law before having been committed (nulla poena sine lege). No one may be punished
for the same act more than once (double jeopardy).
(2) Only judges may indict or subpoena persons or issue warrants for arrest or
search.
(3) Everyone accused or arrested enjoys the right
(a) to a speedy and public trial,
(b) to be presumed innocent until proven guilty,
(c) not to be a witness against himself,
(d) promptly to be informed about the reason of accusation or detention and
about the right to be silent (Miranda rights),
(e) to counsel for defense,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious
counselor,
(g) to be released no later than 24 hours after the arrest if not further
detended after court hearing, and
(h) to redress in case of false imprisonment.
Article 51 Prohibition of Extradition
No citizen may be extradited to a foreign country, unless they lose their tribal
citizenship
Chapter V Individual Restrictions
Part I General Provisions
Article 52 Admissible Restrictions
(1) The State can apply restrictions on individual rights only for the purpose
of protecting individual rights of other persons or furthering other state
interests explicitly mentioned in this Constitution (constitutional interest).
(2) Any restriction on individual rights must be competent and narrowly tailored
to further the constitutional interest. Such restriction must be an adequate
means to achieve the purpose of furthering the constitutional interest. In no
case may the essence of a fundamental right be infringed.
(3) Any restriction must apply generally and not solely to an individual case.
Article 53 Special Restrictions
(1) Possession and use of drugs resulting in strong and imminent danger for the
general public is prohibited.
(2) Possession and use of firearms and other weapons without a permit is
prohibited.
Part II Duties
Article 54 General Duties
(1) Parents have the duty to rear and educate their minor children.
(2) Adults have the duty to support and assist their parents if they are in
need.
(3) Parents and children have the duty to ensure that minors attend public
schools or equivalent institutions (compulsory schooling). Vocational schools
and certified private schools are equivalent to public schools.
(4) Family Members have the duty of helping and supporting their Family
(5) All Citizens have the duty to help and support each other as much as they
are able.
(6) Parents, Family, and Tribal Citizens Need to be responsible for training
their children
a. to become independant
b. to have good survival skills
c. to have good morals, values, and character.
Article 55 Civil Service?
(1) Every citizen of age may chose to serve one year, in the Peace Keeping
Rails, Public services, in the unarmed civil services, or in equivalent
non-profit services.
(2) Whoever is unable to serve is liable to compensate the community.
Part III Burdens
Article 56 Taxation
(1) The Heinzist Tribe levies volunteer taxes from the citizens.
(2) The Heinzist tribe levies volunteer taxes from the Families.
(3) The Heinzist tribe requires those who are benefitting from a certain
program, if are capable, to pay taxes on those programs.
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Part IV State Monopolies
Article 57 Monopolies on objects
No one but the Tribe may own heavy weapons or ultra-hazardous material.
Note: We will just use the money of our HOST nation until further down the
road... This needs to be revisited and voted on as well.
Article 58 Monopolies on activities
(1) No one but the Tribe may coin or print money.
(2) The State retains the monopoly on mail and telecommunication networks.?
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Part V Forfeiture of Fundamental Rights
Article 59 Forfeiture of Rights
(1) Persons and political parties who abuse fundamental rights in order to
combat the free democratic basic order forfeit these rights.
(2) Such forfeiture and the extent thereof is determined by the Supreme Court
Council.
Article 60 Deprivation of Electoral Rights
By final court order, the right to vote and to be elected can, partially or at
large, temporarily or unlimited, be suspended if an adult
(a) has not the requisite mental capacity for any legal responsibility or
(b) has irrevocably been sentenced to at least one year of imprisonment.